Re-investigation can only be ordered by a higher court, and a second final report after re-investigation is a nullity unless authorized by a higher court.

K.P. Jyothindranath, J.

This is an application filed under Section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioner/accused before the Trial Court. The facts which are relevant for this proceedings is as follows:

"Crime No. 234/2010 under Section 447, 294(b), 323 r/w. Section 34 of Indian Penal Code is registered against one Shaji and others at Vallikunnam Police Station. The said crime is registered on a statement given by the petitioner herein. The incident in that crime occurred on 17/05/2010 at 7.45 p.m. The said crime was investigated and charge-sheeted before the Judicial First Class Magistrate Court, Kayamkulam and the Court took cognizance of the offences. On the strength of the statement given by Sathiyamma, who is the mother of the above referred Shaji, alleging an incident on 17/05/2010 at 8.10 p.m. Crime No. 235/2010 is registered at the very same Police Station for offences under Sections 447, 294(b), 323 of IPC. The said crime is also investigated and charge-sheeted before the Court and it is now numbered as CC No. 487/2010."

2. When the mother of the petitioner herein came to know about the above case, she made a representation before the Superintendent of Police. Her case was that the case put forward by the de facto complainant in crime No. 235/2010 is false. After a preliminary enquiry, the District Police Chief ordered re-investigation and entrusted the matter with the Inspector of Police, Mavelikkara. The Inspector of Police filed a report before the Trial Court on 21/12/2010 praying to stop further proceedings of the trial in CC 487/2010 and also informed the re-investigation of the case. A final report was filed before the Court on 01/11/2011.

3. After filing the second report the Court below passed an order dated 16/07/2012 which state as follows:

"1. The cognisance of the case was taken on the basis of the final report filed by the SI of Police, Vallikunnam in Cr. No. 235/10 in CC 487/10 against the accused under Section 447, 294(b) & 323 IPC. Subsequently the CI of Police, Kayamkulam sought for further investigation on the basis of a complaint filed by the accused before the Superintendent of Police, Alappuzha. Thereafter the CI of Police, Kayamkulam filed a refer report stating that no offence is made out against the accused, the earlier report was submitted on the basis of false informations and statements.

2. Heard both sides. On going through the materials produced by SI of Police Vallikunnam it is seen that the first report, other statements and wound certificate etc. made out the offence alleged against the accused. The second report stated that offence is made out against the accused and earlier report and statements are based on false informations, cannot be believed. Hence I find that the first report and its materials are more reliable than the second report as referred by SHO concerned. Hence the cognizance taken on the first report can be proceeded further. The accused shall be produced on 10/08/2012."

4. The prayer in this petition is to quash the first report in crime No. 235/2010 of Vallikunnam Police Station by accepting the second report.

5. Heard the counsel on both sides in detail.

6. Deputy Superintendent of Police, Chengannur filed a statement as ordered by this Court. He reported that the petitioner herein as well as the above referred Renjith and his mother Smt. Jayakumari were neighbours and were in good terms. There was a plot owned by Marutholil family where Smt. Jayakumari has been working as a housemaid. Shaji had an idea to buy the land but the Marutholil family sold the property to some other person. There occurred an ill will between the two families on the misunderstanding that the reason behind this transaction was Smt. Jayakumari. Meanwhile some committee members of the family temple came to Jayakumari's house on 17/05/2010. Sri. Shaji misunderstood that those people were quotation team and came there to attack Shaji and his family. D